TERMS OF USE

Please read these website terms of use carefully. By registering for an account or by accessing or using the services, you agree to be bound by these terms of use and all terms incorporated by reference (hereinafter referred to as the "Terms"). If you do not agree to all of these terms, do not access or use the services provided by www.emptyshack.com website and related mobile applications (hereinafter referred to as the "Website") to You ("Services").

1. ACCEPTANCE OF TERMS

These Terms are a legally binding document between Empty Shack Travel Solutions Pvt. Ltd. ("Company" "We" or "Us" or "Our") and each User ("You" or "Your" or "Yourself") accessing or using the Services.

You must also read our Privacy Policy and Safety Guidelines which are incorporated by reference into these Terms.

By accessing the Website and using the Services, You agree to these Terms and consent to have read the Terms and agree to comply with these Terms.

We reserve the right to make changes or modifications to these Terms at any time and in our sole discretion. Your usage of the Website and the Services will constitute acceptance of such modifications. Hence the Users are requested to read the Terms from time to time before using the Website or accessing the Services.

2. ELIGIBILITY

You must be 18 years or above to access or use Our Services. By registering to our Services or using Our Services, You represent and warrant that you are not below 18 years and that Your use of the Services does not violate any applicable law.

3. MEMBER ACCOUNTS AND SECURITY

In order to use the Website and access the Services, you can either be registered member or access the Website as a guest user. There are certain sections of the Website and certain Services that are available only for registered members. In order to access such Services, you are required to be a registered member by providing all required information and by choosing a username and password or by using your login credentials from a third-party social media services as permitted by the Website.

You agree to provide accurate and complete information for registration. In order to access certain areas and features of our Services, you will need to register for an account using either your email address or your login credentials from a third-party social media network.

You are required to keep your password confidential and not share it with anyone. You agree to take sole responsibility for any actions and activities under your EmptyShack account irrespective of whether you authorised such actions or activities.

4. USAGE OF SERVICES

You can register as a member without any cost and access all Our Services without any cost. We do not charge any fees for accessing Our Services or using the Website. However, we reserve the right to charge fees for any part of the Services from time to time. In such an instance, accessing such services will require You to pay the fees as prescribed.

The Services are for Your personal use and maybe used for commercial purposes only if authorized by Us. We may remove any unauthorized commercial content from the Website at Our sole discretion. The use of any other person’s account for using the Services is strictly prohibited. You are also prohibited from selling or transferring Your account to another person.

You represent and warrant that You will not use the Website for any activities that is prohibited by law. You will only use the Website or access the Services in accordance with the laws. You further represent and warrant that if the laws of Your country prohibit You from using the Services, then you will not use the Services and access the Website.

5. TERM & TERMINATION

These Terms will be in full force and binding upon the parties till the time You are a registered member or use the Services. We reserve the right to terminate your membership to the Website at any time if We believe that You are in Breach of these Terms or any of Our policies and guidelines at Our sole discretion with.

6. THIRD-PARTY

We offer You the opportunity to purchase a number of travel related products through the Website from third parties. You understand that these products are being offered by third parties and We are not a party to such purchase. Please read the terms and conditions of such sale by the respective third parties before completing a transaction with them.

Further, there are contents in the Website by third parties. All such third party contents are provided by the third parties and We do not have any rights over or own such contents or can provide any guarantee with respect to the accuracy or title of such content. We will not be liable for any loss suffered by You based on reliance of such third party content. If any third party content contains links to any third party websites, and You visit any such external link, You agree that You are visiting such websites at Your own risk and liability and We will have no liability in this regard.

7. INTERACTION WITH OTHER MEMBERS

You have sole responsibility for your interactions with other members. The Website provides a platform through which You can interact with other members using the Website and the Services, plan your travel and plan to meet other members to travel together. The Company is not a party to any such communications, discussions, plans or disputes and Your decision to interact with other members or travel with other members using the Website is solely Your responsibility and liability. We would in certain cases monitor some of the communications in the Website but will have no obligation to do so. The Company will in no way monitor your decision to travel with a member using the Website or the Services and You shall be solely responsible and liable for it and the Company bears no responsibility or liability in this regard. Please use Your judgement, take necessary precaution and ensure Your safety and follow adequate safety guidelines before using the Website to interact with other members and travelling with other members using the Website. We make no representation or warranty as to the conduct of any of the members using the Website or the Services. You acknowledge that that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility and safety with individuals you meet through the Website.

We do not verify the identity and not conduct a background check of the members using the Website or the Services. We also do not endorse any member who is using Our Services. While, we provide tools to assist with the verification of identity and phone number of the members, these tools are third party services and we provide no representation and warranty for the accuracy and suitability of such verification tools. You acknowledge and agree that You are solely responsible for verifying the identity and suitability of the members You interact or meet through the Website and that You will not rely on the identity verification tools provided by the Website. We strongly encourage You to use Your judgement, take necessary precaution to ensure Your safety and follow adequate safety guidelines before using the Website to interact with other members and travelling with other members using the Website

8. INTELLECTUAL PROPERTY RIGHTS

The Company owns and retains all intellectual property rights in the Website and the Services including in all the contents, trademarks and other intellectual property rights related to the Website and the Services. You agree to provide an unrestricted and unlimited license to use the contents posted by You on the Website.

The trademarks, logos and service marks displayed on the Website are the property of the Company or their partners and You acknowledge and agree that You shall not use, copy, republish, modify, transmit or distribute them without Our or Our Partner’s prior consent and authorization, as the case maybe.

You represent and warrant that any content created by You are Your original content and will not infringe the intellectual property right of any third party. If You believe that any content has been posted by a member in violation of Your intellectual property rights, please send an email to contact@emptyshack.com with all relevant information and we will remove such content from the Website after due enquiry. Members who are found liable of having violated the intellectual property rights of any third party will be liable to have their membership terminated from the Website. You agree that any liability arising from any intellectual property rights infringement by You on the Website will be your sole responsibility and liability.

9. PAYMENTS

We do not charge You any money to use the Website or access Our Services. However, there are certain services that may be chargeable. We charge a fee for various services such as verifying Your profile. We use reputed third party services providers as payment gateways to process such payments and the terms and conditions of such third parties will be applicable here. You agree to pay all the charges, as applicable for choosing to verify your profile or for any other Services. You acknowledge and agree that the amounts paid will not be refunded under any circumstances and that the amount paid is final and You will not challenge or dispute any such payments. We reserve the right to change the fees from time to time.

10. INDEMNIFICATION & LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES OR PARTNERS OR DIRECTORS OR SHAREHOLDERS OR EMPLOYEES OR LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, LOST INCOME OR PROFITS, SUBSTITUTION COST DAMAGES, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OR HARM TO REPUTATION, LOSS OF DATA, BUSINESS INTERRUPTION, EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES OR INR 100, WHICHEVER IS LOWER.

You agree and consent to defend, indemnify and hold harmless the Company and each of Our Directors, officers, members, employees, partners, shareholders, subsidiaries, affiliates and agents from any loss, liability, claim, damage, cost or expense, including but not limited to reasonable attorney’s fees made by any third party due to or arising out of the use of the Services or the Website by You, or any content created by You on the Website or use of the Website or the Services in violation of the Terms by You or on breach of the representations and warranties given by You to Us under these Terms or violation of any applicable law by You.

11. DISCLAIMERS OF WARRANTIES

You expressly agree and acknowledge that the Company makes no warranty, express or implied, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, to You on the accuracy of any content posted on the Website, whether by Us or any user of the Website or posted in connection with the Services. Further, neither the Company nor its affiliates, directors, shareholders, third party partners, employees or members are responsible for and shall have no liability, directly or indirectly, for any loss or damage, arising of or in connection with: (a) any inaccurate content posted on the Website or provided in connection with the Services, irrespective of whomsoever has caused it; (b) the timeliness, deletion or removal, errors on the Website, failure to store any of Your content or data, errors or delay in operation or transmission, theft or destruction of any of Your data and content or unauthorized access to any member to your data or content; (c) the conduct, whether online or offline, of any member of the Website or the Services; and (d) any technical failures or any defects or loss or damage to your computer systems or related systems resulting from the use of the Website and the Services.

The Website will contain links to other websites and services. We are not responsible for the content, accuracy or opinions expressed in such websites or services and these websites have not been reviewed or approved by Us. You are accessing such websites at Your own risk.

You agree and acknowledge that any material downloaded or obtained through the use of the Website or the Services is accessed at Your own risk and You hereby waive any and all claims and cause of action with respect to any damage to Your computer system, internet access or any other related devices or loss or corruption of data that may result from download or use of such materials.

12. MODIFICATIONS TO SERVICE

We reserve the right, at Our Sole discretion, to modify or suspend, temporarily or permanently, the Website or the Services (or any part thereof) or to modify these Terms at any time without prior notice. You agree that the Company shall not be liable to You or to any third party for any such modification, suspension or discontinuance of the Services or changes to the Terms. By continuing to access the Website and use the Services after such modifications, You agree to be bound by the modified and amended Terms. If the modified and amended Terms are not acceptable to You, You should stop accessing the Website and using the Services.

To protect the integrity of the Website or the Services or to be in compliance of the applicable laws or for any other reason, at Our sole discretion, We reserve the right to block users from certain IP addresses from accessing the Website or using the Services.

13. ENTIRE AGREEMENT

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between You and the Company regarding the use of the Website and/or the Services.

14. SEVERABILITY

The invalidity or unenforceability of these Terms by a court of competent jurisdiction, in whole or in part, shall affect only such provision that has been held to be invalid or unenforceable and shall not affect the validity or the enforceability remaining provisions of the Terms which shall continue to be in full force and effect.

15. RELATIONSHIP

You agree and acknowledge that the Company and You are independent contractors and that none of the provisions of these Terms or under any circumstances, will constitute a partnership, joint venture or employment between the Company and You and that You cannot make any representations or bind the Company in any manner.

16. GOVERNING LAW & JURISDICTION

These Terms and all transactions entered into on or through the Website and the relationship between You and the Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You and the Company agree to submit to the exclusive jurisdiction of the courts of New Delhi, India to resolve any dispute arising out of or in connection with these Terms or the Services. Each party hereby irrevocably waives any objection which such party may now or hereafter have in relation to the laying of improper venue or forum non convenient.

17. NOTICES

All notices with respect to these Terms will be served to You by Us through email or by general postings on the Website. You agree and acknowledge that You are deemed to have received the notice under the above circumstances. Any notice by You to Us under these Terms should be sent to Our Grievance Officer at contact@emptyshack.com.